Personal Injury Cases and Mediation
Mediation refers to a process that allows parties in a lawsuit to avoid gong to trial. Rather than a judge presiding over a case, a mediator helps the parties make a deal and reach a settlement that everyone finds agreeable. The lawyers of Flickinger Sutterfield & Boulton have helped numerous clients resolve their cases out of court thanks to the mediation process. The Provo, UT personal injury and accident attorneys at our law firm would like to go through some of the basics of the mediation process. This should help you understand how it works, what the process entails, and why it may be a good option for avoiding a full trial in your case. Why Mediation May Be Preferable to Trial A trial can last a long time with great expense from both parties involved. There is noting certain when a case goes to trial as well, which means the final outcomes may not be in your favor. With mediation, an deal that is mutually agreeable and beneficial can be reached. Many cases are mediated and settled out of court. Who Is Present During Mediation? During mediation, the plaintiff and the defendant camps are placed in separate rooms. You will be present with your attorney. Any loved ones, family members, or parties important to the case may be there as well. In a separate room, the defendant’s lawyer and representative from their insurance company are usually present; the defendant may or may not be there in the room during mediation. What Happens During Mediation? The mediator goes back and forth between each room to hear your side of the case. They will have received information from both lawyers so they are familiar with the general circumstances. The mediator, though an unbiased party, may point out risks or weaknesses in your case as it is presented. All things said in the room during mediation are confidential, and the mediator does not share that information with the parties in the other room. How Should I Prepare for Mediation? Be sure to dress well during mediation and to discuss any concerns with your attorney ahead of time. Your legal counsel will typically walk you through the process and what to expect. In most cases, your attorney will do a lot of the talking, yet conversing with the mediator directly is likely to occur. Settlements During Mediation At a certain point during the mediation process, the mediator will present a proposed settlement from the defendant. This amount will usually be determined by the insurance representative for the defendant based on comparable incidents. From this point, the amount and the nature of the deal can be discussed and negotiated further. Be sure to weigh your options with your attorney carefully. How Long Does Mediation Take? In many cases, mediation is wrapped up in just a day or two, which is far less time than the months required for a full trial. However, sometimes mediation can take many days or even weeks depending on the nature of the case. This is something that can be discussing with your attorney as you prep for mediation. Contact an Experienced Personal Injury Lawyer For more information about lawsuit mediation and how it can help you and your loved ones, be sure to contact our team of personal injury lawyers. The attorneys of Flickinger Sutterfield & Boulton are here to help. You can reach our office in Provo by phone at (801) 753-1616.
Construction Accidents and Broken Bones
Working in construction can be dangerous. According to the Bureau of Labor Statistics (BLS), construction is one of the deadliest and most dangerous industries to work in. Of the 4,693 worker fatalities recorded in 2016, 991 were in construction. That’s 22.1 percent of all deaths. This is why construction accidents that lead to catastrophic injury or fatalities should be looked over by skilled attorneys like the team at Flickinger Sutterfield & Boulton. Even when construction accidents don’t cause fatalities, they can still result in debilitating harm. The team at our Provo, UT law office would like to consider how construction accidents can cause to bone fractures. We’ll then note what legal options injured workers and their loved ones can consider. Types of Bone Fractures Bone fractures come in different forms. The most common kinds that people experience are as follows: Stable Fracture – This is when a bone is broken, but the ends of the bone remain generally in their proper position. Open/Compound Fracture – This serious kind of fracture occurs when the bone is severely out of position, with the bone fragment visible through the skin. In some cases, the bone even protrudes through the skin. Transverse Fracture – This is when the bone is broken along a straight, horizontal fracture line. Oblique Fracture – This is when the bone is broken along an angled fracture line. Comminuted Fracture – This is when the bone is fragmented into three or more pieces. OSHA’s Fatal Four Given the many dangers at construction sites, OSHA has listed a so-called “Fatal Four,” referring to the leading causes of injury and death in the construction industry. These four kinds of accidents are as follows: Falls Struck by object Electrocutions Caught-in or crushed between objects You’ll note that three of the fatal four can also result in broken bones, along with many other injuries. Recovering from Broken Bones Recovering from a bone fracture can take weeks or even months. Stable fractures will heal faster and require less invasive treatment than compound fractures. Surgery may be necessary to set the fractured bone properly and to repair any damaged tissues related to the fracture. Physical therapy and other long-term rehabilitation treatment could be required as part of a person’s recovery. Will Fractures Impact Future Wellness and Work? Just because the bone has healed doesn’t mean you’re back to business as usual. Bone fractures can have serious long-term impact on the way you move, your ability to accomplish certain tasks at home and on the job, and your general mobility. This is particularly true of fractures to the vertebrae, the hands, the hips, and the knees. How Worker’s Compensation Works Following an on-the-job injury, many construction workers apply for worker’s compensation benefits. These benefits help cover living expenses, medical care related to an accident/injury, and even rehabilitation and training for new careers in the case of disability. If you are denied your benefits or need help with the application process, our lawyers are here to assist you. When Should I Consider an Injury or Negligence Lawsuit? While worker’s compensation benefits are helpful, sometimes it’s more ideal to seek legal action against the negligent party that caused the accident. This is important when there were dangerous conditions at the work site that contributed to the accident and fracture. Determining which option is better requires years of legal experience and a knowledge of the law. Our attorneys can advise you on the ideal option to consider following an on-the-job injury. Sometimes it may be better to forego worker’s compensation and seek damages from a negligent employer or reckless third-party. We’ll help you weigh those options carefully. Contact Flickinger Sutterfield & Boulton For more information about your legal rights and options after a serious injury, be sure to contact our team of injury accident lawyers. The attorneys of Flickinger Sutterfield & Boulton are here to help. You can reach our Provo office by phone at (801) 753-1616.
Car Accidents and Crosswalks
Nearly everyone understands the risks associated with driving, but many are surprised by the startling frequency of car accidents. Based on data collected by the National Highway of Traffic Administration, it is estimated that, worldwide, there is a car accident every minute of the day. Car accidents account for billions of dollars in financial losses each year, and leave millions of people suffering from personal injuries. Any car accident has the potential to cause catastrophic and life-altering injuries, but some of the most severe result from car accidents near crosswalks. Car accidents at crosswalks can result in enormous losses, because they often involve pedestrians that lack any sort of protection. Victims of car accidents at crosswalks can count on the Provo, UT attorneys at Flickinger, Sutterfield & Boulton to get them the compensation they are due for all losses associated with accident injuries. How Common Are Crosswalk Accidents? Crosswalks are clearly marked intersections that are meant to provide a safe place for pedestrians to cross the road. Sadly, crosswalks do not always works as intended. Data shows that crosswalk car accidents are on the rise. These following statistics show just how dangerous crosswalk accidents can be to pedestrians: Pedestrians account for 13 percent of traffic fatalities in the United States 73 percent of pedestrian accidents occur in urban areas (usually at or near a crosswalk) On average, a pedestrian is killed in a traffic accident every 100 minutes Causes of Crosswalk Accidents To improve safety for pedestrians, crosswalks are not only distinguished with white stripes of paint, they are also often controlled by a walk signal and a traffic light. With so many precautions in place, why are crosswalk accidents such a danger to pedestrians? Sadly, most of the leading causes of crosswalk accidents stem from driver recklessness or neglect. Many drivers fail to take the precautions necessary to ensure that a crosswalk is clear before entering it. Specifically, some of the most common causes of crosswalk accidents include the following: Distracted driving (i.e. texting while driving, talking on the phone, eating, or playing with the car stereo) Driving under the influence Speeding Failing to comply to traffic lights or stop signs Crosswalk Accident Damages When a pedestrian is struck by a vehicle, the damages can be severe. Even if a car is traveling at low speeds, it can significantly injure someone who lacks the protection of a vehicle. In many cases, pedestrian accident injuries are catastrophic, causing long-term changes to the way a person lives. Aside from the physical and emotional trauma of injuries, victims also suffer costly financial losses as the result of medical expenses and lost wages. All of these damages should be paid by the person or party responsible for the accident. Learn More If you or a loved one has been injured in a car accident at a crosswalk, you are probably dealing with insurmountable losses. To learn more about your legal right to financial compensation for damages, contact us at your earliest convenience.